Inez WRIGHT, Individually and on Behalf of Her Minor Children, Oscar Clay Renfro, Anthony Lee Renfro, Lisa Marie Wright, and Ephron Antoni Wright, Jr., et al., Appellants,
v.
Donald T. REGAN, Secretary of the Treasury, et al.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued February 17, 1981.
Decided June 18, 1981.
Attorney(s) appearing for the Case
Robert H. Kapp, Washington, D. C., with whom Arthur J. Rothkopf, Sara-Ann Determan, Paul L. Joffe, Washington, D. C., Richard S. Kohn, Philadelphia, Pa., William L. Robinson, Norman J. Chachkin, New York City, William E. Caldwell, Richard Fields, Memphis, Tenn., James M. Nabrit, III, Bill Lann Lee, New York City and Armand G. Derfner, Charleston, S. C., were on the brief for appellants. Frank R. Parker, Jackson, Miss., for appellants.
Robert S. Pomerance, Atty., Dept. of Justice, Washington, D. C., with whom M. Carr Ferguson, Asst. Atty. Gen., Washington, D. C. (at the time the brief was filed), John F. Murray, Acting Asst. Atty. Gen., Charles F. C. Ruff, U. S. Atty., Michael L. Paup and Ernest J. Brown, Attys., Dept. of Justice, Washington, D. C., were on the brief, for federal appellees. William A. Friedlander, Atty., Dept. of Justice, Washington, D. C., for federal appellees.
George E. Morrow, Memphis, Tenn., for appellee Allen.
Before WRIGHT, TAMM and GINSBURG, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the court filed by Circuit Judge GINSBURG.
Dissenting opinion filed by Circuit Judge TAMM.
GINSBURG, Circuit Judge:
This action charges the Internal Revenue Service with failure to fulfill its obligation to confine tax exemption under section 501(c)(3) of the Internal Revenue Code to private schools that operate on a racially nondiscriminatory basis.1 It was initiated in 1976 by parents of black children attending...
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